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Sinisgalli Foster Melbourne Law Firm
Private Client Advisory
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Limitations and Risks of using Artificial Intelligence
September 26, 2023
Are you wanting to use generative Artificial Intelligence (AI) to assist you with research, drafting documents, access instant information or create other efficiencies in your business? You need to be aware of AI’s limitations and risks.
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Business structures - Company
August 4, 2023
When commencing a business venture, it is necessary to consider the most appropriate type of business structure to put in place for your circumstances. This article looks at how to set a company up and the pros and cons of the structure.
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Does your privacy policy comply with the privacy laws?
May 17, 2023
Privacy law in Australia is governed by the Privacy Act and the Australian Privacy Principles which affect the handling of personal information. You may need to update your privacy policies, and procedures to comply with the law.
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Growing your business - understanding equipment leases
March 10, 2023
Leasing equipment can be an ideal way to expand your business without having to outlay up-front capital. It is important to be aware of all the terms and conditions of equipment leases.
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Understanding illegal phoenix activity
January 31, 2023
Illegal phoenixing involves certain activities carried out by company officers to avoid liability for company debt. A major difference between legal and illegal phoenix activity is the intention of the directors.
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Director ID numbers - beware deadlines
May 26, 2022
If you are a company director you need to understand your responsibilities to obtain a director ID. The director ID system was introduced to help prevent the use of false or fraudulent director identities. Check out this article on how to apply.
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What employers need to know about new casual employment laws
August 24, 2021
Employers hiring casual staff should be aware of certain obligations to offer part-time or full-time permanent employment under casual conversion laws and seek professional advice.
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Debt recovery basics for business
July 21, 2021
If you are owed money for goods and/or services and it is overdue for payment you might be wondering what steps you can take to recover this money. Here, we outline some things to consider and steps that can be taken to recover debt.
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Interview questions you can't ask
June 17, 2021
An employer’s potential liability for workplace discrimination arises before the first interview and exists whether or not a decision is made to hire a person. So what are 'illegal' questions employers can't ask prospective employees?
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Should I have a company as trustee of my SMSF?
February 22, 2021
The activities of a Self-Managed Superannuation Fund (SMSF) must be conducted through a trustee, so it is important to understand and consider the many benefits of having a company act as trustee during the set up phase.
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Does your business have a Will? Buy-sell agreements
January 20, 2021
Most people recognise the importance of having a Will to set out how their estate is distributed when they die. If you are self-employed, a partner or co-director, having a ‘Will’ or succession plan for your business is equally important.
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Protecting your Intellectual Property rights
November 16, 2020
Intellectual Property is a valuable business asset and it is important that you understand how to protect it. In this article we look at the different types of intellectual property and some of the basics for protecting your IP rights.
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Anti-Phoenixing Laws and Director Penalty Notices
October 6, 2020
Company directors should be aware of new laws which target anti-phoenixing behaviour, increase a director's risk of being personally liable for certain company debts and which create new criminal offences and civil penalties.
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A guide to buying commercial premises
September 3, 2020
Buying commercial property is more complicated than buying a residential property. There are complex contract terms, detailed planning information and additional legal and commercial implications if the premises are leased.
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Corporate governance: what does it mean?
September 3, 2020
Corporate governance affects the control and operation of all companies and organisations. What steps does a company or its board of directors need to take to demonstrate that they are exercising good corporate governance?
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The scope of fiduciary duties as a director once you resign
May 20, 2020
The fiduciary duty of a director will survive his or her resignation as a director, the scope and duration of that duty will be considered in light of the circumstances relevant to each case and the parties’ conduct.
Wills, Estates and Estate Planning
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Defending a claim in a deceased estate
August 4, 2023
An executor is the legal personal representative appointed under a Will to oversee the administration of the estate of a deceased person. An administrator has a similar role however is appointed by the Court when a person dies without leaving a Will.
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The process of obtaining probate
June 23, 2023
Probate is a grant made by the Court that ‘proves’ the Will of a deceased person, it is the official process that enables the executor to deal with the deceased’s estate and they have passed.
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Can your ex defacto inherit under your Will?
May 17, 2023
Many people think that, because they weren’t married, their ex-de facto has no future financial claim on them or their estate. According to a recent case, this might depend on how you referred to your ex defacto in your Will.
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Preparing a Will when you are part of a blended family
March 10, 2023
Making a Will is important if you are part of a blended family. Good estate planning ensures that your intended beneficiaries are provided for and the potential for conflict is minimised.
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Estate law: Dying intestate - the perils of not making a Will
August 30, 2022
Having a Will gives you a voice when you die. Your testamentary wishes can be made known and your beneficiaries clearly identified. Without a Will, your estate could be left to somebody you didn't want.
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What is Elder Abuse and what to do about it
May 26, 2022
15th June 2022 is World Elder Abuse Awareness Day. Elder Abuse is a highly-concerning social justice issue and demands further attention and inquiry within our society as sadly, the perpetrators are often those entrusted with caring for our older generation.
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Estate law: The risks of being an executor - commissions and personal liability
April 14, 2022
Executors should seek professional advice to ensure they effectively fulfil their duties under a Will, minimise the potential for personal liability and to ensure they are paid a fair commission, if applicable. This article looks at the duties and risks.
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Death and superannuation benefits
February 3, 2022
It is important to understand the interplay of the laws governing superannuation, tax and succession when planning your estate which may have significant impact on the net (after-tax) proceeds received by your beneficiaries.
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Appointing a Solicitor as Executor of your Will
November 25, 2021
There are many benefits of appointing a Solicitor as Executor of your Will. It is important to understand the procedure involved in appointing a solicitor, their responsibilities and obligations owed to you as the executor, and the associated legal costs.
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Estate law: FAQ on Estate Planning
July 21, 2021
There are many things to consider when preparing a new Will or updating an old one that can help ensure that your Will is valid and that your assets are distributed in accordance with your wishes after your death.
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Estate planning: Accessing digital assets
June 17, 2021
In a ‘paperless’ world, it has become difficult to deal with a deceased person’s online assets. Good management and consideration of your digital assets in your estate plan will help your family manage your online life after you are gone.
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Estate Planning: Power of Attorney
May 13, 2021
Most people over 18 years of age should have a Power of Attorney in place appointing someone you trust to handle your legal and financial affairs in planned circumstances, or indefinitely should the unforeseen occur.
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Family provision: de facto relationships and Will contests
February 22, 2021
There are statutory rights for eligible persons to contest an unfair Will if they can show that they have been left without adequate provision by the testator, this includes a spouse, de facto partner, or child (of any age) of the deceased.
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Estate Planning: What a Will Kit doesn't do
October 6, 2020
You can prepare a valid Will on-line, however there is considerable risk that it will not be tailored to your unique circumstances, may not achieve exactly what you want and may not take advantage of structures to protect assets and save tax.
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Replacing officeholders of discretionary trusts
July 28, 2020
Discretionary trusts can be an excellent vehicle for the day to day management of wealth. The need to replace an Appointor or Guardian may arise because of conflict or as a result of the death or incapacity of an officeholder.
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Challenging a deceased estate - have you missed out?
May 20, 2020
In certain circumstances the Court may change a deceased person’s Will or administration on intestacy to award a person funds or assets from the estate, there are strict time limits and eligibility criteria for making claims.
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Factors affecting the capacity to make a Will
April 14, 2020
A Will is a legal document which sets out how a person wants their assets to be distributed once they die. If you are over the age of 18 you can make a Will - provided you have capacity. How is capacity determined?
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Dealing with deceased estates - Executor duties
March 3, 2020
Dealing with deceased estates can be complex and often involves a substantial amount of paperwork. After a person dies someone has to look after the assets of that person, pay the person's debts and wind up their affairs.
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What is a Testamentary Trust?
January 28, 2020
In this article we explain some things you may need to know about testamentary trusts (a trust created in a Will) and outline their benefits and some of the reasons why you might consider including one in your estate plan.
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Estate planning - common misconceptions
December 19, 2019
Estate planning involves more than signing a Will and leaving it in a safe place. An effective estate plan requires consideration of several matters and ongoing review to ensure it reflects your wishes and covers unexpected events.
Commercial
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DIY business contracts - what could go wrong?
August 4, 2023
A well-drafted business contract puts the parties on the same page from the beginning of their business relationship by providing clear terms that balance everyone's rights and responsibilities. So, what could go wrong if you do it yourself?
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Business names & Trademarks: the difference
January 31, 2023
If you have finally decided on a business name and are wondering how to protect the name, brand and ensure that you retain exclusive rights of the name, you should read this article.
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Key considerations when selling your business
November 15, 2022
If you’ve made the decision to sell your business and want the sale proceeds to provide you with a comfortable lifestyle, then be prepared to have patience and plan carefully! This article discusses key considerations you should understand before selling your business.
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Exclusion clauses in commercial contracts – how far can they go?
November 15, 2022
While freedom of contract generally means that exclusion clauses may be valid, there are rules that apply, developed in consideration of public policy. Care ought to be taken when drafting such terms to ensure that any term can operate as desired.
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Drag along/tag along rights in shareholder agreements
October 6, 2022
Drag along/tag along provisions can be found in shareholder agreements. They are aimed at balancing rights between majority and minority shareholders, and are less likely to be challenged if carefully drafted by an experienced lawyer.
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'Click here' - electronic execution of documents
August 30, 2022
Recent changes to the Corporations Act to permanently adopt COVID-19 measures sees the law embrace electronic execution technology and validates current market practice.
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Commercial law: Traps for so called ‘Sophisticated Investors’
June 30, 2022
The Australian Securities and Investment Commission has taken a firm stance against those who manipulate ‘sophisticated investor’ exemptions for retail investors interested in acquiring securities in a corporate body.
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Why you need a Partnership Agreement
May 26, 2022
It is vital for business partners to understand their obligations to the business and each other and a Partnership Agreement will help business partners achieve this. An essential tool, they can help save time, money, stress and reduce risks.
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Commercial law: Essential considerations when starting a business
April 14, 2022
Starting a business can be exciting, but also overwhelming and challenging if you have not properly prepared for your new venture! This article provides a quick guide to essential considerations you should be aware of before starting your business.
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Directors' responsibilities - a guide
March 10, 2022
As company directors hold a position of power and trust they have a responsibility to the company and its shareholders and should be familiar with their legal obligations, duties and the affairs and operations of the company. Here, we outline these responsibilities.
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If a company is insolvent what are the options?
February 3, 2022
There are significant penalties for allowing your company to trade whilst insolvent. If your company is in financial difficulty and heading towards insolvency you should seek immediate legal or financial advice on your options.
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Options to renew in commercial leases - don't get caught out!
November 25, 2021
Understanding your rights and responsibilities when exercising an option to renew your commercial lease is critical. You need to ensure you comply with formalities when exercising your option, otherwise you may end up forfeiting your right to exercise the option.
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How to set up a company in Australia
October 18, 2021
Forming a company is a popular choice for operating a business - this article will assist you in understanding the process involved in registering a proprietary limited company and the obligations that arise as an officer of that company.
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Important Deadlines for Commercial Tenants Seeking Rent Relief
September 9, 2021
In Victoria, the Commercial Tenancy Relief Scheme Regulations (the Regulations) were brought into effect in August 2021, in the wake of the further lockdowns due to COVID-19. The scheme will run from 28 July 2021 until 15 January 2022.
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Business law: A Franchise Agreement explained
August 24, 2021
If you are thinking about becoming a franchisee, or conversely, thinking that your business model may be suitable to franchise, it is important that you understand the full extent of what is involved.
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Choosing a Structure for Your Business
April 6, 2021
The choice of business structure is an important decision to make at the start of a business venture, as the structure can impact on tax implications and reporting requirements during the lifetime of the business.
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Employee or contractor - do you know the difference?
February 22, 2021
It's important to determine whether workers should be classified as employees or independent contractors as tax, super and other obligations are different, depending on whether the working arrangement is employment or contracting.
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Contractual obligations in the wake of COVID
October 6, 2020
COVID-19 presents many challenges for individuals and businesses, among them, understanding their legal rights and responsibilities under existing contracts which may contain obligations that are now difficult to fulfill.
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Shareholder agreements - why your company needs one
July 28, 2020
A shareholder agreement sets out the rights and obligations of each business owner and the processes for resolving disputes and deadlocks. The Grill'd case shows the potential pitfalls of not having a shareholder agreement in place.
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Unfair contracts - are you complying with the law?
April 14, 2020
The Unfair Contract Terms Regime has been extended to cover standard form contracts entered into with ‘small business’, this is in addition to the extensive compliance and regulatory obligations under existing laws.
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Important updates for business - COVID-19
April 14, 2020
The Federal Government's response to the economic threats posed by COVID-19 include measures to alleviate some of the financial hardship faced by many businesses and provide safeguards to help them survive after the crisis.
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If a company is insolvent what are the options?
March 3, 2020
There are significant penalties for allowing your company to trade whilst insolvent. If your company is in financial difficulty and heading towards insolvency you should seek immediate legal or financial advice on your options.
Insurance Litigation
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Stress leave in the workplace
June 23, 2023
Work related stress affects the physical and emotional health of workers. If you are suffering from a stress related injury due to your employment, you may be entitled to paid leave.
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Personal insurance - have you checked your super policy?
November 15, 2022
Thinking about applying for personal insurance but worried about the cost? You’re not alone! In fact, many superannuation funds offer affordable personal insurance policies to their customers. Here, we look at the advantages and disadvantages of obtaining insurance through super.
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Vicarious liability – when is an employer responsible?
October 6, 2022
Employers have a legal duty to take reasonable care to prevent any foreseeable risks of their employees suffering physical or psychological injuries. Vicarious liability occurs where an employer is held responsible for the ‘wrongful actions’ of an employee.
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Contributory negligence - how it affects your compensation claim
April 14, 2022
Dealing with defendants claiming you are partially or completely liable for your injuries can be discouraging! This does not necessarily mean your claim has no hope. It's important to know your rights and entitlements when it comes to contributory negligence.
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What does a public liability claim mean?
March 10, 2022
If you think you are entitled to make a public liability claim, you should arrange to see your lawyer as soon as possible. Your lawyer will review your case, provide advice and obtain the appropriate evidence to lodge your claim within the prescribed time period.
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Income protection and TPD disputes
May 13, 2021
If you are dealing with a major illness or injury and have had to stop working on a temporary or permanent basis, you may need to claim on your income protection or total and permanent disability (TPD) insurance.
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Been injured because of a defective product?
April 6, 2021
If you are thinking of claiming compensation for injuries you received because of a faulty product, you must understand what steps to take in order to give yourself the best chance of receiving the maximum compensation.
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Deeds of indemnity, access and insurance
November 16, 2020
Directors have many responsibilities in carrying out their duties and may face legal or regulatory action exposing them to personal liability - some risks may be mitigated with a deed of indemnity, access and insurance.
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Read this if making an insurance claim
June 25, 2020
Each year Australians spend millions on premiums for general insurance to protect hard-earned assets. Disasters such as storms, floods and bushfires affect numerous regions across our vast country. If you have suffered loss from such an event it is important to understand your rights when making a claim.
Property
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Implied terms in a building contract
June 23, 2023
Occasionally a building contract may be unworkable due to the absence of a particular term. In such cases it may be necessary to imply a term to make the agreement work.
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Dealing with restrictive covenants
January 31, 2023
Do you have plans to develop your land but are restricted by a covenant? This article explains what a restrictive covenant is, and how you can apply to have a restrictive covenant removed or modified.
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Property law: Buying property at auction - things to do before you bid
October 6, 2022
A lot of properties are sold at auction and it is important for buyers to understand the processes involved so that they can bid confidently come the auction day. There's also many things that need to be done before the auction to ensure that your interests are protected.
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Self managed superannuation funds - buying property
August 30, 2022
Self-managed super funds have been able to borrow money to invest in real property since 2007 as long as they comply with the strict rules and regulations and the complex borrowing arrangements.
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Mortgage stress - when you can't pay your home loan
June 30, 2022
This article provides guidance on what to do when you can’t meet your loan repayments and an overview of your rights and your lender’s responsibilities if a solution cannot be found and repayments remain unpaid.
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Buying and selling a property at the same time
March 10, 2022
When you buy and sell property at the same time and try to complete both transactions together this can add considerably to the stress levels associated with the transaction. This is known as a simultaneous settlement and often arises in conveyancing.
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Renting out your investment property
February 3, 2022
All Australian jurisdictions have laws in place to regulate the relationship between landlords and tenants and whether you’re a current or would-be residential property investor, it is important to understand your obligations.
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The law of easements - what are they, and what do they do?
November 25, 2021
In property law, easements are not always easily understood. Dating back to the 1300's easements provide the owner of one property with a right over the property belonging to another owner, both of whom need to agree to modify the easement.
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Selling a residential property
October 18, 2021
Conveyancing laws in Victoria consist of complex legal documentation and processes. If you do not want to be exposed to possible legal action by a purchaser, you must have a thorough understanding of the legal requirements.
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Property law: Things to consider when buying a unit
August 24, 2021
Buying a unit or townhouse is different to buying a house, as you not only buy the property you also enter a relationship with the other owners in the complex and become involved with an owner’s corporation.
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Buying a residential property
June 17, 2021
Buying a residential property in Victoria can be a complex and overwhelming task! This article outlines a purchaser’s rights and obligations, legal documents and processes involved in purchasing a property.
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Traps to avoid in commercial leases
April 6, 2021
Commercial leases form part of many business transactions and commercial property is a popular investment choice. Whether you are a tenant or landlord, there is much to consider when entering into a commercial lease.
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Property disputes between co-owners
November 16, 2020
Property disputes between co-owners are common. They can be very complex and often arise during the course of other legal issues such as family law proceedings and business disputes, causing financial and emotional anguish.
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Retail leasing - disclosure requirements
September 3, 2020
To ensure complete transparency retail lease legislation provides that landlords of retail premises are required to provide tenants with all information that is relevant to a tenant’s decision about whether or not to enter into a lease.
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Commercial Leasing and COVID-19 - Code of Conduct
May 20, 2020
The Federal Government has released a Mandatory Code of Conduct – Commercial Leasing Principles applicable to certain landlords and tenants when negotiating leasing arrangements during COVID-19.
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Commercial Leases - things you should know
December 19, 2019
When renting business related property it is important for both landlords and tenants to understand the relationship they are entering into and the rights and obligations that they each have under the terms of the lease.
Commercial Litigation
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Bad advice - compensation for negligence
May 17, 2023
Regular, everyday people can and have been successful in claiming compensation for professional negligence cases against individual financial advisers, large financial institutions and big banks.
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Preparing and presenting a case in the Small Claims Division
March 10, 2023
If you pursue a claim in the Small Claims Division, you should obtain specialist legal advice which will ensure that you prepare your case in the most advantageous way.
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Managing commercial disputes – key steps & processes
June 30, 2022
Being involved in a commercial dispute doesn’t necessarily mean you will end up in court. Most commercial disputes are resolved through Alternative Dispute Resolution methods which can be quicker, less stressful and cost-effective.
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Time limits for commencing proceedings
October 18, 2021
It is critical to know the time limits for commencing Court action otherwise you could be prevented from making a claim and face the risk of having your action extinguished. This article looks at what are the applicable time limits.
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When is a loan repayable on demand?
July 21, 2021
It is quite common for loans to be made between family members, friends, family companies or family trusts and for the terms to be quite vague. This can result in unintended consequences making the loan unrecoverable.
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Alternatives to Bankruptcy
May 13, 2021
You may know someone who is having difficulty managing their financial affairs and has debts and liabilities which they cannot meet. They may be considering declaring themselves bankrupt, but there are alternatives.
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Risks in referring to unattached documents in an agreement
January 20, 2021
Whenever an agreement refers to an unattached document there will always be an element of uncertainty. Where multiple unattached documents are referred to in an agreement this uncertainty increases exponentially.
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Claiming compensation from a financial services business
January 20, 2021
If you have lost money because of a bank or financial advisor, or been unfairly treated by an insurer or superannuation fund, you may be entitled to compensation through the Australian Financial Complaints Authority.
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Starting legal action - a step by step guide to the litigation process
July 28, 2020
If you are a business owner at some point it is likely you will consider suing someone to recover a debt, seek damages for a breach of contract, or to resolve an employment dispute, so it is important to understand the basic procedures involved.
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How to keep your legal costs down - our top tips
June 25, 2020
Commercial disputes can be very costly and disruptive and the potential for legal costs to escalate is real when a matter is not properly managed. By following these tips you can help keep a lid on your legal costs while assisting your lawyer to provide sound advice to help resolve your legal dispute.
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Leave to proceed against liquidated companies
June 25, 2020
A company's liquidation poses a general embargo on proceeding with or continuing litigation. Applications for leave to continue or commence proceedings are considered in light of the circumstances, available assets in the winding up and other creditors' interests.
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Mediation in a commercial dispute - benefits
March 3, 2020
Court action is expensive and lawyers who are interested in the best outcomes for their clients will often recommend alternative dispute resolution options - mediation being one of the available options.
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Personal liability for company directors
January 28, 2020
Company directors may be held personally liable for losses of the company in certain circumstances. All directors should understand their duties and legal obligations and the situations which could give rise to personal liability.
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Debt collection: the power of a Statutory Demand
January 28, 2020
A statutory demand can be a very powerful tool for collecting money that is owed to you by a company. This article sets out the benefits of using a statutory demand as a method of very quickly and effectively collecting a debt.
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Selecting a lawyer in a commercial dispute
December 19, 2019
In this article we will explain some of the issues that you need to consider when selecting a lawyer to represent you if you become involved in a commercial dispute and your company is facing litigation.
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